Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1887-04-02

firm, corporation Or locality or any |
particular description of traih;, 10 an
undue or unreasonable preiadlce o!
in any respect Whstso
ever. All railroad corporations SUB
ject to the provisions OF this ac' shati'
lo their respective power.
afford all reasonable, proper ana e9ue
facilities for the Interchange OF tram
betw Gen their respective INES, ana ioi
the receiving, forwarding aud deliver
ing of property To ana from their scF-
eral lines and those connecting there
with, and shall not discriminate IL
their rates and charges between such
connecting lines.
Sec. u. If any railroad cor
poration subject 20 the pro
Visions of this act, shall entel
into any contract, agreement or com
binalion with any other railroad cor
poration or corporations, for the pool
ing OF frei ghls of different and compet
ing railroads, or to divide beiweer |
them the aggregate or Het proceeds ci |
the earnings of such railroads, or an!
portion thereof, or shall employ, keep
or maintain any officer, agent or en-
ploye in this state Or elsewhere for tht
among them any such tonnage or earn
ings, or i'll any other way Impede OF
obstruct free competition between o.
among such railroad corporations III
this state, the same shall be declared
guilty OF having violated the provisions
of this act, and upon conviction thereof
shall be liable to the forieitures and m
cur the penalties hereinafter provided.
And in any case of al agreement Tor
the pooling of freights as aforesaid,
each day of its continuance shall be
deemed a separate ofense.
Sec. 13. No officer, agent or en-
ploye of any railroad corporation shal!
enter into any contract, agreement OF
combination with any other officer,
agent or employe Of such railroad cor
poration, or of any other railroad cor
poration, to divide between or among
themselves, or among such railroad
corporations. any freight, tonnage or
territory in this state, or any gross or
net earnings of such railroad corpora
ton in this state. Any person or per-
sons violating the provisions Of this
, section, or pretending TO act as SUCH
officer, agent or enploye OF any pool OF
combination effected by such violation
, or pretending to keep any joint account
of or for railroad corporations i'll TINS
, state, or to egualize any freight, ion
mage or net or gross earnings between
, or among any such railroad corpora
tions in this state for the purpose Q
: any such division, shall be deemed gull
ty OF q felony, aud upon CONVICTION
r thereof, shall be confined III the penl
f tentiary not lees than two nor NOR
q than ten years.
Il Sec. ii. 1t shall be the duty of IN
:, railroad commissioners to PERSONAL
h investigate and ascertain whether III
If provisions of this act are violated b
q any railroad corporation in this state
o and to visit the various stations upo
/, the line of each railroad for that pur
= pose, as often as practicable Or neces
n sary, and whenever the facts i'll an
1t manner ascertained by said comInis
l. sioners shall ,in their Judgment, ,warraf
" suit or prosecution, it shall be the dat
Is of said commissioners to iinmediatel
cause suits to be commenced an
y prosecuted against any railroad col
J. poration which may violate the proyis
G. ions OF this act. Said conniissionel
~ shall receive, investigate and pass ur
y on all complaints Of violations of lii
s, act as speedily as possible, aud III L
n case of such complaint shall their fin
;h ing be DELAYED longer time than ST.
a. ty DAYS after The filing of such cor
p. plant ith them. Said commission
II, ers shall have full power and anthorl
at to examine and investigate the boo
s. and papers of all the railroad corpor
IL tons doing business in this state, al
or to examine all agents and employees
h said railroad corporations and 9th
IL persons under oath or otherwis
I'd i'll order to procure the necessary 4
Dg formation, and 10 make just and rcaso
nd able rates of freight tariffs, or 10 ct
'rt ry out any OF the provisions OF this al
cr and to ascertain if such provisions q
g observed or violated, and 10 ma
AS necessary and proper rules and reg
n lations concerning such examinatlo
,ly and which rules and regulations here
Ly, provided for shall be 0beyed and {
to forced as all other rules and regu
nd tions provided for in this act. In a
to testimony or evidence required by t
ut provisions of this act, the claim Il
nj any such testimony or evidence m
srs tend to criminste the person givi
or such evidence shall not excuse so
lr- witness from testifying; but such Q
to dencs or testimony shall not be US
ole against such person on The trial OF
ed; criminal procee lag. 1t is here
be made the duty of all sheriff5 and C,
the stables to serve and make due reiu
.he of all subpGnaS, orders or notices pl
ion ed in their hands by the III
ma road commissioners for service,
on which they shall be entitled to rece
ia the same fees as they are allowed
CO. law for similar services.
res Sec. Is. Every officer, agent, or c
ploye of any railroad company W
i'll shall willfully neglect or refuse 10 Il
du- nish any report or information reqr
in ed by the railroad commissioners.
ses necessary to the purposes of this &
ges or any person who shall wilItully q
md unlawfully hinder, delay or obsir
the said commissioners in the discharge
hat the duties hereby imposed upon the
on shall be deemed guilty of misdeme
} to or, and on conviction be fined not
erS than one hundred nor more than
YER thousand dollars, or be imprisoned
the the county Jail not more than one ye
nd or be punished by both such fine u
re- imprisonment.
my Sec. Is. In all cases under the p
'ro- visions of this act the rules OF evide
, TO shall be the same as iii civil actl
laf except as herein otherwise provid
The net proceeds OF all fines, torteitu
m and penalties recovered under the 7
7hO Visions of this Act shall be paid into
ilse county treasury OF the county III wh
] OF suit is Instituted by the person cole
MIS- ing the same, in the manner now y
sof, vlded by law. to the credit of
ore county public school fund. The rel
dies hereby given shall bc regarded
ent cumulative To the remedies now gi'
ion by law against railroad corporate
sori and this act shall not be construed
or repeating any statute giving 6
any remedies except such as conflict "
an this act. Suits commenced under
nip provisions of this act shall have
for cedence in, all c9nris,i;. lhls state, b
VI ing jurisd;ation of the same, eyer
this other business except criminal bus,
en- Sec. II. In case the railroad CO
50 ,missioners shall fail or refuse to
nch form any act or duty required ot ii
llty by this act, they shall be Habit
vie proceedings i'll mandamus to con
the he performance of such act or dut'
r. SEC. IS. The forfeitures and pei
any ties herein provided for NAV he
or covered in the name of the state in
or court OF competent jurisdiction Ia
ght, county where the offense may acr
or or where the complainant may res
lied if residing in a county into or thro,
sing which the railroad runs, or III
n pnnntN ipt ar. thrnn,rb F,ir Snrt, ,